Date: 18-04-2019
Business: Adv for plaintiff Ms.Mane present
Adv for plaintiff filed affidavit of Service with the remark that It is stated that deft no. 1 to 3 acknowledgement cards are produced.
O-It appears deft no. 1 to 3 fail to appear therefore, suit to proceed exparte against deft no. 1 to 3.
Matter is Adjd for Exparte Evidence to 17/07/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Adjd to 24/09/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: P.O is on leave. Adjd to 22/11/19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Archana Tiwari for deft. Present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. for deft. filed V/N . Order . seen and filed.
Matter is adjd to 11.12.2019 for filing Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: P.O. is on t
P.O. is on Training
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rakesh Jain for plff. Present.
Adv. Sapna Pasi for deft. Present.
For reason separately recorded following order is passed.
ORDER
1. The Chamber Summons No. 1548 of 2019 is allowed.
2. The plaintiff is granted permission to carry amendment in the plaint as per schedule within 14 days from today.
3. The Chamber Summons No.1548 of 2019 is disposed of.
Matter is adjd to 24.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. For plff. Absent.
Adv. Madhukar More for deft. Present.
Matter is adjd to 27.04.2020 for service
Next Purpose: SERVICE
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Due to Covid-19 pandemic none appeared.
Next Purpose: SERVICE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Aanchal Jain I/b Rakesh Jain for plff. Present.
Adv. Madhukar Mulay for deft. Present.
Adv. For the deft. Filed Vakalatnama. t.o.r.
Order - Seen and filed.
Adv. For the deft. Tendered registered Ch/s No. 1320/2019 @ affidavit in support. t.o.r.
Adv. For the deft. Tendered draft N/M @ affidavit in support. Order - Leave granted to register Notice of Motion.
Matter is adjd to 11.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: P.O. is on leave.
Matter is adjd to 05.04.2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Aanchal Jain I/b Adv. Rakesh Jain for the plff present.
Adv. Shraddha Birwadkar for the deft present.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 28.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
Adv. Shraddha Birwadkar i/ b Madhukar Mulay for defendants present.
Registered NM No.162/2021 is produced today by defendants in the Court.
Ld. Adv. for the defendants seeks to Not Press the Ch/s No.1320/19. O-Not pressed, hence filed and disposed off. Due to rise in Covid cases, Adjd to 15.07.2021 for report of service of NM No.162/21 and reply by plaintiff to NM No.162/21.
Next Purpose: REPORT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 09.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birwadkar for defts. present.
The matter is adjd for N/M hearing to 26.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. For plaintiff filed reply affidavit to N/M no.162/21. T.O.R.
Heard Adv. For plaintiff on N/M no.162/21.
K.B.
L.O. at 11.50 am.
Adv. Sapna Pasi for deft. present.
Adv. For deft. submitted that plaintiff has not served copy of reply to deft.
Plaintiff is directed to supply copy of reply to deft.
The matter is adjd for hearing of deft. on N/M to 02.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birwadkar for defts. present.
Heard Adv. For defts. on N/M no.162/21.
F.R.S.R. following order is passed on N/M no.162/21 -
ORDER
1. N/M No.162/2021 is made absolute in terms of prayer clause (a) subject to the payment of costs of Rs.2000/- (Rs.Two thousand only) to plaintiff.
2. Defendants shall pay costs of Rs.2000/- (Rs.Two thousand only) to plaintiff on or before next date.
3. Notice of motion No.162/21 is disposed off accordingly.
The matter is adjd for compliance to 24.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shradha Birwadkar for deft. present.
Defendant\''s advocate paid costs of Rs.2,000/- to the plaintiff\''s advocate as per order in N/M no.162/21.
Plaintiff\''s advocate tendered draft S/J. Leave to register and serve S/J is granted.
The matter is adjd for service of S/J to 04.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Sapna Pasi for deft. nos.1 to 3 present.
Adv. For plaintiff tendered registered S/J No.113/21. T.O.R.
Copy of S/J is served upon deft. nos.1 to 3.
The matter is adjd for filing reply to 14.10.2021.
Next Purpose: REPLY
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birvadkar for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 sought time for filling reply to S/J.
O. - Already stipulated period is over. Hence, prayer for adjournment is rejected. S/J to proceed without reply of deft. nos.1 to 3.
The matter is adjd for hearing on S/J to 27.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Shraddha Birwadkar for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 tendered draft N/M. Leave to register N/M is granted.
Copy of draft N/M is served upon Adv. For plaintiff.
The matter is adjd for reply to N/M to 23.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Shraddha Birvadkar for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 tendered registered N/M No.2819/21. T.O.R.
Adv. For plaintiff given reply overleaf N/M.
Heard both sides on N/M No.2819/21.
ORDER BELOW N/M NO.2819/21
This N/M is taken out by deft. nos.1 to 3 praying to condone delay of 13 days in filing reply to summons for judgment.
Ld. Counsel for plaintiff strongly objected the N/M. She submits that verification for affidavit filed along with N/M is not given by defendants, but, it is given by CA of defts. However, authority for doing so is not filed on record. She further submitted that if N/M is allowed, it be allowed with costs.
Deft. nos.1 to 3 submit that summons for judgment was given to their advocate on 05.10.2021. They have prepared reply within stipulated time. However, they were required to attend funeral of their relative and therefore, reply could not be affirmed within time.
Defendants have given sufficient cause which prevented them from filing reply to S/J. Considering the principles of natural justice and the short period of delay caused in filing reply, it would be expedient to allow defendants to contest the S/J on merits. Hence, following order.
ORDER
1. N/M No.2819/21 is made absolute in terms of prayer clause (a) and (b).
2. No order as to costs.
3. N/M No.2819/21 is disposed of accordingly.
Adv. For deft. nos.1 to 3 filed reply to S/J. T.O.R.
Copy of reply is served to Adv. For plaintiff.
Parties are directed to argue on S/J on next date without fail.
By consent, the matter is adjd for hearing on S/J to 03.12.2021 at 12.30 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Rutuja Mahadik for plaintiff present.
Adv. Madhukar Mule for deft. nos.1 to 3 present.
It is submitted that without prejudice to the merits of the case, settlement talks between the parties are going on. Therefore, by consent, the matter is adjd for hearing on S/J to 21.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Sapna Pasi i/b. Adv. Madhukar Mulay for deft. nos.1 to 3 present.
Heard arguments of Adv. For plaintiff on S/J.
On oral request of Adv. For deft. nos.1 to 3, the matter is adjd for hearing on S/J to 22.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Vandana Chaurasiya for plaintiff present.
Adv. Shraddha Birvadkar i/b. Adv. Madhukar Mulay for deft. nos.1 to 3 present.
Adv. For deft. nos.1 to 3 tendered written arguments on S/J. T.O.R.
Copy is served to Adv. For plaintiff.
The matter is adjd for order on S/J No.113/21 to 07.01.2022.
Next Purpose: ORDER
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: None present.
Court is busy in hearing final arguments in Commercial Suit No.1060/21, the matter is adjd for order on S/J no.113/21 to 11.01.2022.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present.
F.R.S.R. the following order is passed:-
ORDER
1. Defendants shall deposit a sum of Rs.5,00,000/- (Rs. Five Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendants are granted leave to defend the suit and they shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendants within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendants.
3. There shall be no order as to costs.
4. S/J No.113/2021 is disposed of accordingly.
The matter is adjd for compliance to 03.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
The matter is adjd for compliance of order dated 11.01.2022 to 05.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: None for plaintiff.
Adv. Pranav Chavhan for defts. present.
Exh.6 - Vakalatnama of Adv. Naved Chawdhary is filed on behalf of defendants. T.O.R.
K.B.
L.O. at 03.25 pm.
None present.
Defendants failed to comply order dated 11.01.2022. Therefore, matter be kept for taking steps by plaintiff.
The matter is adjd for taking steps to 28.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Vandana Chaurasiya for plaintiff present.
The matter is adjd for taking steps to 20.06.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Rutuja Mahadik for plaintiff present.
Exh.7 - Adv. For plaintiff filed application for passing ex-parte decree.
O. - Defendants failed to comply order passed in S/J No.113/21 dated 11.01.2022 within stipulated period. Therefore, plaintiff is entitled to get ex-parte decree.
The matter is adjd for filing claim affidavit to 13.07.2022.
L.O. at 12.25 pm.
Adv. Naved Chawdhary for defts. present.
The matter is already adjd for filing claim affidavit to 13.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Vandana Chaurasiya for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 26.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Rutuja Mahadik for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 01.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Vandana Chaurasiya for plaintiff present.
Power of attorney holder of plaintiff present.
Exh.8 - Claim affidavit. T.O.R.
Exh.9 - List of documents. T.O.R.
The matter is adjd for arguments to 05.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Vandana Chaurasiya for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 11.08.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: None present.
Exh.10 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.324 of 2021 is decreed with costs.
2. Defendants shall pay an amount of Rs.5,89,894/-(Rupees Five Lacs Eighty Nine Thousand Eight Hundred Ninety Four only) along with interest @ 12percent p.a. on the principal amount of Rs.4,66,813/- to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 11-08-2022